Ruling Helps Those Injured from Cars Indirectly

A British Columbia court recently cemented a major precedent in favour of injury victims in a decision involving an all-terrain vehicle (ATV), as reported by a news story in the publication Canadian Underwriter.

The decision will help support future personal-injury victims involved in accidents indirectly related to their cars or motor vehicles, and not just those directly caused or aggravated by use of a motor vehicle. Additionally, it will be more difficult for ICBC to reject or minimize compensation claims against these injury victims.

In 2005, B.C. resident Sheldon Prosofsky used his pickup truck to transport an ATV to a friend’s house, outside where it was his intention to later ride the ATV for recreational purposes.

While attempting to glide the ATV, which was in neutral gear, down a ramp from his truck, Prosofsky was thrown off the ATV after a tire got caught on the ramp, severely injuring his spine.

ICBC initially attempted to deny Prosofsky financial compensation for his pain and suffering on the grounds that his injury did not directly result from operation of his pickup truck.

A B.C. judge rejected ICBC’s argument though, finding that the truck was involved to an extent, insofar as Prosofsky utilized the truck as a means of transportation for the ATV.

This decision strengthens a Supreme Court precedent from a previous case against ICBC dating back to the 1990s, when a man was attacked and injured by outside intruders while he was inside his motor vehicle. The Supreme Court found the man was entitled to his ICBC claim because even though his motor vehicle did not cause his personal injury, he was utilizing and operating the vehicle at the time.

If you are ever injured through indirect use of a car or any other vehicle registered with ICBC, you might be entitled to compensation to protect yourself and your family. Contact BLW Lawyers today for a free consultation—we are experienced and well-trained personal-injury attorneys who never charge you a cent unless we win or settle your case. Call us at 604-689- 3883 or email us at or more information.

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